JATINDER Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE appellant, alongwith his brother Sitender Kumar and brother's wife Parmila, was tried for offences under Section 304 -B read with Section 34 IPC and Section 498 -A read with Section 34 IPC on the allegations that in furtherance of their common intention, they had harassed Smt. Sudesh Kumari by making unlawful demand of dowry, subjected her to cruelty and coercion to meet their unlawful demand of dowry i.e. scooter as a result of which Smt. Sudesh Kumari committed suicide by hanging herself and her unnatural death occurred within seven years of her marriage. Vide judgment and order dated 28.1.2003, the Additional Sessions Judge (Ad hoc), Jhajjar acquitted Sitender Kumar and his wife Parmila of the charges against them. However, the appellant was held guilty under Section 304 -B IPC and sentenced to undergo imprisonment for life.

(2.) BRIEFLY stated, complainant Ramesh Kumar submitted written complainant Ex.PA before ASI Chander Gupt, Incharge, Police Post, Sector 6, Bahadurgarh on 28.4.2001 at 2.00 a.m. when he came across him at bus stand Sankhol, on the basis of which, FIR No.PH under Sections 304 -B/34 IPC was registered at Police Station City, Bahadurgarh, District Jhajjar on 28.4.2001 at 2.15 a.m. against the appellant and his brother and brother's wife. In the complaint Ex.PA, the complainant had stated that he was resident of village Bakheta, Police Station Sampla and an agriculturist by profession. He solemnized the marriage of his sister Sudesh Kumari with the appellant on 4.3.2000. He had given sufficient dowry articles at the time of marriage of his sister. After her marriage, Sudesh Kumari started living at her in -laws' house. Soon thereafter, the appellant, his brother Sitender and brother's wife Parmila started taunting Sudesh Kumari for bringing less dowry and telling her that she belonged to a poor family. Neither she had brought scooter nor sufficient cash in dowry. All the three accused pressurised her time and again to bring scooter from her father or an amount of Rs.25,000/ - in cash for buying the scooter. Sudesh Kumari had been telling the accused that she was one of the six sisters and her father was not in a position to provide the scooter. On this, the accused gave beatings to Sudesh Kumari many times. About a month ago, Sudesh Kumari came to the house of the complainant and stated that her husband, Jeth and Jethani were harassing her for bringing the scooter. On this, the complainant, alongwith his uncles Ram Karan and Jagdish and brothers Satyawan, Ashok and Munshi took Sudesh Kumari to her matrimonial home and tried to convince the appellant and Parmila but they insisted in their demand for a scooter. However, the complainant and others left Sudesh Kumari in her matrimonial home at village Sankhol after consoling her. On 27.4.2001 at about 9.30/10.00 p.m., Jai Singh, father of the appellant, alongwith 3/4 persons of village Sankhol came to the house of the complainant and told him that Sudesh Kumari had committed suicide by strangulating herself. It was also stated that the complainant had given an amount of Rs. 25,000/ - in cash to the appellant for purchasing the scooter and after some days, he paid another amount Rs.20,000/ - after taking the same on credit. According to the complainant, the accused had killed his sister by strangulating her. Therefore, he sought taking of legal action against them.

(3.) DURING further investigation, ASI Chander Gupt arrested accused Jitender and Parmila on 28.4.2001. The appellant, who had gone to Imphal to join the duty, was arrested on 24.5.2001. He was brought to Bahadurgarh on 28.5.2001. On the following day, he was interrogated, during which he suffered disclosure statement to the effect that he could point out the place of occurrence. Pursuant to the same, the site of occurrence was demarcated by the appellant.